pursuant to section 211(a) of the Labor- United States Department of Labor, 14th Street and Constitution Avenue NW., Washington 25, D.C. (2) Office of Labor-Management and Welfare-Pension Reports. (i) Copies of the descriptions of welfare or pension benefit plans, amendments or modifications thereto, and entire or individual pages of annual financial reports thereon, filed pursuant to section 8(b) of the Welfare and Pension Plans Disclosure Act (72 Stat. 1002, 29 U.S.C. 307). (ii) Data and information contained in any report or other document filed pursuant to sections 201, 202, 203, and 301 of the Labor-Management Reporting and Disclosure Act of 1959 (73 Stat. 524528, 530; 29 U.S.C. 431-433, 461). (iii) The contents of reports and documents filed pursuant to subsections 9 (f) and (g) of the National Labor Relations Act, as amended (61 Stat. 143; 29 U.S.C. 159; 73 Stat. 575) prior to the repeal of those subsections. Address: United States Department of Labor, Public Documents Room, 8701 Georgia Silver Spring, Maryland (b) Upon request of the Governor of a State for copies of any reports or documents available under paragraph (a) (2) of this section or for information and data contained therein, which have been filed by any person whose principal place of business or headquarters is in such State, the Bureau of Labor-Management Reports shall: (1) Make available without payment of a charge to the State agency designated by law or by such Governor, such requested copies or information and data, or; (2) Require the person who filed such reports or documents, to furnish such copies or information and data directly to the State agency thus designated. (c) Section 2.9, governing withdrawal of originals and copies of Departmental records, shall not apply to the examination, inspection or furnishing of copies of reports and documents as provided by paragraph (a) of this section. (61 Stat. 156, 72 Stat. 1002, 73 Stat. 529, 530; 29 U.S.C. 181, 307, 438, 461) [26 F.R. 7729, Aug. 18, 1961, as amended at 28 F.R. 9289, Aug. 23, 1963] § 2.5 Bureau of Labor Statistics. (a) No investigator, statistician, economist or other officer or employee of the Bureau of Labor Statistics shall testify on behalf of any party at any cause pending in any court or before any board, commission, or other administrative agency of the United States or of any State, Territory or the District of Columbia, with respect to any information. facts or other matter entrusted to him in confidence in such a manner as to reveal the identity of the person, firm, or corporation to whom the information, facts or other matters pertain, whether in answer to a subpoena or otherwise. (b) Whenever any subpoena shall have been served upon any such investigator, statistician, economist, or other officer or employee of the Bureau of Labor Statistics, he will, unless otherwise expressly directed, appear in court in answer thereto and respectfully decline to give the testimony called for, on the ground of being prohibited therefrom by the regulations of the Labor Department. (c) No exceptions will be made without the written consent of the Secretary. [10 F.R. 4232, Apr. 20, 1945. Redesignated at 13 F.R. 8639, Dec. 29, 1948] OFFICIAL RECORDS, OPINIONS, AND ORDERS § 2.6 Official records; availability for inspection. (a) All papers and documents made a part of the official record in agency proceedings conducted by the Department of Labor in connection with the issuance, amendment or repeal of regulations or determinations having general or industry-wide effect, shall be made available for public inspection at reasonable times during business hours, upon request addressed to the issuing bureau or agency of the Department or to the Office of the Solicitor, Department of Labor Building, Washington 25, D. C. (b) Papers and documents made a part of the official record in connection with the making of determinations addressed to named persons, except insofar as such materials are made available to public inspection pursuant to § 2.7, and reports and returns required to be filed with the Department of Labor, shall be made available for inspection at reasonable times during business hours, upon written request therefor, addressed to the Secretary of Labor, Department of Labor Building, Washington 25, D. C., to persons properly and directly concerned. Such request must set forth (1) the interest of the applicant in the subject matter, and (2) a description of the specific materials desired to be inspected. Any such request will be denied as to any papers, documents, reports, or returns for good cause found by the Secretary or his duly authorized representative to be confidential. (c) When permission to inspect records is granted, arrangements will be made where practicable for inspection of such records at regional offices of the Department. [11 FR. 177A-339, Sept. 11, 1946; 11 F.R. 13911, Nov. 28, 1946. Redesignated at 13 FR. 8639, Dec. 29, 1948] § 2.7 Opinions and orders; availability for inspection. All final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules, as defined in the Administrative Procedure Act (60 Stat. 237; 5 US.C. 1001 et seq.), issued by the Department of Labor will be made available for public inspection at reasonable times during business hours. Persons desiring to inspect such material may communicate with the Solicitor of Labor or the Director of Information, Department of Labor Building, Washington 25, D.C., or the regional attorney at the nearest regional office of the Department of Labor. [11 F.R. 177A-339, Sept. 11, 1946; 11 F.R. 13911, Nov. 28, 1946. Redesignated at 13 F.R. 8639, Dec. 29, 1948] amount of $2,500 or less, caused by the negligent or wrongful act or omission of any employee of the Department of Labor while acting within the scope of his office or employment under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred may be presented in writing to the Solicitor of Labor, United States Department of Labor, Washington 25, D.C., or to any regional or branch office of the Solicitor, by the claimant in his own right or through an attorney at any time within 2 years after such claim has accrued. If the claim is presented through an attorney, such presentation should be accompanied by duly authenticated powers of attorney. Each claim presented should include a sworn detailed statement of the facts and such affidavits, vouchers, bills, and other documents as the claimant deems appropriate for the proper determination of his claim. If, after investigation, the Solicitor determines on the basis of all the evidence that compensation is due the claimant under the Federal Tort Claims Act, the amount so found, together with such reasonable attorney's fees as may be allowed, will be paid by the Secretary of Labor. (Interpret or apply 28 U.S.C. 2672) [25 F.R. 13228, Dec. 22, 1960] § 2.9 Withdrawal of originals and copies from Departmental records. (a) Originals. No account, letter, record, file, or other document or paper in the custody of the Department, or of any bureau, office or officer thereof, shall on any occasion be taken or withdrawn by any agent, attorney, or other person not officially connected with the Department; no exception will be made without the written consent of the Secretary or his duly authorized representative. (b) Copies. Copies of accounts, letters, records, files and other documents or papers shall not be furnished to any person except with the written consent of the Secretary or his duly authorized representative. Such written consent will be granted only to such persons as may have a personal material interest in the subject matter of the papers or at their request. Applications for copies of documents, accounts, records or files should be made to the Secretary and should be accompanied by an affidavit setting forth the interest of the applicant and showing the reason why and the purpose for which the copies are desired. Except where requests are made by the Attorney General under section 188 of the Revised Statutes (5 U. S. C. 91, 1952 ed.) for evidence touching the claims of persons suing the United States in the Court of Claims, copies of accounts, letters, documents, records, or other papers desired by or on behalf of parties to causes pending in any court shall be furnished only to the court on an order or a rule of the court requesting the Secretary to furnish the same, and then only when the production of such copies will not, in the judgment of the Secretary or his duly authorized representative, be prejudicial to the Government or the public interest. No exception will be made without the written consent of the Secretary or his duly authorized representative. [19 FR. 1902, Apr. 3, 1954] § 2.10 Officers authorized to sign and issue certificates of authentication. Authority is hereby given to any officer or officers of the Department of Labor designated as Authentication Officer or officers of said Department to sign and issue certificates of authentication under the seal of the Department of Labor. The form of authentication shall be as follows: Sec. 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 Submission of weekly statements and the preservation and inspection of weekly payroll records. Payroll deductions permissible without application or approval of the Secretary of Labor. Payroll deductions permissible with Applications for the approval of the Action by the Secretary of Labor upon Prohibited payroll deductions. Regulations part of contract. AUTHORITY: The provisions of this Part 3 issued under R.S. 161, sec. 2, 48 Stat. 848; Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C. 22, 133z-note; 40 U.S.C. 276c. SOURCE: The provisions of this Part 3 appear at 29 F.R. 97, Jan. 4, 1964, unless otherwise noted. §3.1 Purpose and scope. This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. As used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways. airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work” include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. § 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by these regulations during the preceding weekly payroll period. The statement shall be executed by the contractor or subcontractor or by an authorized officer 33-602-65 ending on the ------ day of 19----, and 19----, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from (Contractor or subcontractor) the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Part 3), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 537; 40 U.S.C. 276c), and described below: (Paragraph describing deductions, if any) (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the [Bureau of Apprenticeship and Training,] United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (Signature and title) Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statement as provided at 72 Stat. 967 (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or fraudulent statement of entry, in any matter within the jurisdiction of any depart ment or agency of the United States, shall be fined not more than $10,000 or imprisoned not more than five years, or both). (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. § 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement required under § 3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting for or financing the building work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. or (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. § 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be |